Parsons v. Hedges
Supreme Court of Iowa
Appeal from, Lee District Court. The defendant, Hedges, as Sheriff, levied upon a lot of lard, as the property of one Reddington, to satisfy an execution against him and in favor of King and Lumerty. The property, at the time it was seized, was in the possession of plaintiff. She claims to be the owner thereof, by virtue of a sale from Reddington to her.
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Appeal from, Lee District Court. The defendant, Hedges, as Sheriff, levied upon a lot of lard, as the property of one Reddington, to satisfy an execution against him and in favor of King and Lumerty. The property, at the time it was seized, was in the possession of plaintiff. She claims to be the owner thereof, by virtue of a sale from Reddington to her. Defendants admit that the property was in plaintiff’s possession when seized by the sheriff, but claim that the sale by Reddington was a fraudulent one, and therefore, void. Upon this issue there was a trial; verdict for plaintiff. Defendants…
1Opinion of the Court
Baldwin, Ch. J.
Several instructions were asked by defendants and refused by the Court, and of these rulings *120appellants complain. We do not think that appellants can insist upon their assignment of error upon these rulings, because it appears from the statement of the Court that the understanding between the parties was, that the instructions asked by the plaintiff and given by the court were to be decisive of the case.
The instruction thus given reads as follows, viz.: “ Before the jury can find any damages for defendants, they must be satisfied from the evidence, not only that the property…
2Cited by4 opinions
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